Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to bring lawsuits to seek compensation for their injuries. To be successful, the injured worker must prove that the railroad was negligent in causing the accident.
The evidence presented during the trial included testimony from an toxicologist who used a variety of studies and the relative risk to show that Harris's multiple myeloma was the result of his exposure diesel exhaust.
Benzene Exposure
Exposure to benzene has been linked with a variety of hematopoietic malignancies, including Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer, benzene is a Group 1 Carcinogen. The chemical is present in diesel fumes, and many railway workers are regularly exposed to it.
Moreover, some railroad workers are exposed to benzene through cleaning products like Safety-Kleen and CRC. These kinds of cleaning products typically contain a form of benzene, namely methylbenzene. When methylbenzene gets into contact with water, it's transformed into a chemical known as dioxin. Dioxins belong to a group of substances that can cause various serious health issues which include lung cancer.
Parker Waichman has successfully represented numerous railroad workers in personal injury cases against their employers under FELA. A jury handed down $7.5 million to an ex Chicago and North Western Railroad employee diagnosed with acute myeloid carcinoma after years of exposure.
In another case, a plaintiff was diagnosed with multiple lymphoma after several years of employment as a railway signal maintenance technician. He claimed his condition was caused by exposure to diesel exhaust, as well as the benzene he encountered during his work. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the notion that plaintiff was aware or should have known his cancer was a result of his exposures to chemicals and environmental dangers during his employment at the railroad.
Creosote Exposure
Creosote, a toxic chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal carcinoma. Railroad workers working on the maintenance and repair of railway ties are regularly exposed to this chemical. The National Toxicology Program reported that workers who handled creosote had an increased risk than the general population of developing fatal forms of cancer.
A recent court case where a railroad worker who was diagnosed with myeloma, alleges his occupational exposures to diesel exhaust and other environmental hazards caused the cancer. The court ruled that the plaintiff was aware of the potential harm from his railroad work and could have discovered his injury via a reasonable internet search at the time he was diagnosed. He was not able to take the necessary steps and his claim is now time-barred.
In a separate case, the railroad was successful in defending a verdict in a lawsuit filed in Philadelphia County by a former railroad worker. The plaintiff claimed he developed bladder cancer due to the exposure he had to secondhand smoke and other toxic chemicals, like creosote, diesel exhaust.
Parker Waichman has also obtained defense verdicts in cases that involve other types of cancers, such as lung and prostate cancer. These cases were brought by former railroad employees who claimed their cancers had been due to a lifetime exposure to toxic chemicals at work. The firm is ready to review the details of your case and explain your options.
Asbestos Exposure
Railroad employees may be exposed to asbestos during their job. Leukemia lawsuit are exposed to asbestos when they operate railroad ties, repair or install railway equipment or work on railroad tie. Asbestos can cause mesothelioma, lung cancer and other illnesses.
In a lawsuit filed against CSX Transportation, plaintiff Ronald K. Harris claims that he developed multiple myeloma as a consequence of his employment with the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. As Leukemia lawsuit inhaled "harmful toxic chemicals, fumes, agents, particles, and substances, including but not restricted to diesel exhaust creosote, welding fumes, carbon monoxide, phenols dioxins and heavy metals."
We successfully defended our client during a two-week jury trial in which it was alleged that the repetitive bending, lifting, and twisting while working as a trackman caused lumbar disc herniation and an indefinite disability of 25% resulting in lost wages and suffering and pain. The railroad was not found to be negligent and the plaintiff was awarded a modest award.
Environmental Exposure
Railroad workers are exposed to a range of chemicals in the environment. Based on the type of work done this exposure can lead to numerous health problems such as multiple myeloma. Contact cancer lawsuits if you or a family member has been diagnosed with myeloma following working on a railroad.
In a recent case railroad workers received $7.5 million from a jury after being diagnosed with myelodysplastic syndrome (MDS) and acute myeloid leukemia. He filed a lawsuit against two major railroads, claiming their exposure to asbestos and diesel exhaust caused health issues.
However, the railroads filed a summary judgment motion arguing that the plaintiff was aware of most important facts and potential reasons for his injury at the time of his diagnosis. The court agreed and granted the railroads' motion, concluding that the plaintiff failed to conduct a reasonable investigation into whether his illness was due to his employment at a railroad.
At trial the plaintiff presented expert evidence from an industrial hygienist and epidemiologists. Expert witnesses claimed that Harris's myeloma resulted of the exposure he received to diesel exhaust. To prove this assertion the expert witness cited numerous studies that demonstrated an association between certain types of cancer and diesel exhaust. However, no credible scientist has ever concluded that diesel exhaust is the cause of multiple myeloma.